FOR IMMEDIATE RELEASE
February 16, 2006
Contact:
David L. Sobel
EPIC General Counsel
(202) 483-1140 ext. 105
sobel@epic.org
Marcia Hofmann
Director, EPIC Open Government Project
(202) 483-1140 ext. 112
hofmann@epic.org
COURT ORDERS JUSTICE DEPARTMENT TO RELEASE INFORMATION ABOUT
WARRANTLESS SURVEILLANCE PROGRAM WITHIN 20 DAYS
Grants EPIC's Motion for an Emergency Court Order
Compelling Release of Information
WASHINGTON, DC -- In response to a Freedom of Information Act lawsuit filed
by the Electronic Privacy Information Center, a federal judge has ordered
the Department of Justice to process and release documents related to the
Bush Administration's warrantless surveillance program by March 8. It is
the first court opinion addressing the controversial domestic spying
operation.
"President Bush has invited meaningful debate about the warrantless
surveillance program," U.S. District Judge Henry H. Kennedy wrote. "That
can only occur if DOJ processes [EPIC's] FOIA requests in a timely fashion
and releases the information sought."
He continued, "Given the great public and media attention that the
government's warrantless surveillance program has garnered and the recent
hearings before the Senate Judiciary committee, the public interest is
particularly well-served by the timely release of the requested documents."
The opinion was issued six days after Judge Kennedy heard oral arguments on
EPIC's request for an emergency order requiring the prompt disclosure of
the documents.
According to EPIC's General Counsel, David L. Sobel, "The court's opinion
vindicates the public's right to know about an extremely invasive and
potentially illegal government program." He added, "The Administration has
attempted to 'spin' this story by controlling the flow of information, but
the court has now rejected that strategy. The government must now produce
all relevant information, or provide a compelling justification to withhold
it."
The case arises from the New York Times' report in December that President
Bush secretly issued an executive order in 2002 authorizing the National
Security Agency to conduct warrantless surveillance of international
telephone and Internet communications on American soil.
EPIC submitted FOIA requests to four DOJ components just hours after the
warrantless surveillance program's existence was first reported. Noting
the extraordinary public interest in the program -- and its potential
illegality -- EPIC asked the agencies to expedite the processing of its
requests. The DOJ agreed that the requests warranted priority treatment,
but failed to comply with the FOIA's usual time limit of twenty working
days.
Last month, EPIC filed suit against the DOJ to compel the immediate
disclosure of information about the warrantless surveillance and moved for
the issuance of an emergency order. EPIC's case has been consolidated with
a lawsuit filed by the American Civil Liberties Union and the National
Security Archive concerning the same documents.
Once the DOJ finishes processing the material, any decision to withhold the
requested documents will be subject to Judge Kennedy's review. He will
have the ability to order "in camera" production of the material and make
an independent determination concerning public disclosure.
The case is Electronic Privacy Information Center v. Department of Justice,
Civil Action No. 06-0096.
Judge Kennedy's order:
http://www.epic.org/privacy/nsa/kennedy_order.pdf
More information about the case is available at:
http://www.epic.org/privacy/nsa/foia/